Toll Transport Pty Ltd Summary

[2016] FWCA 1013

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Toll Transport Pty Ltd T/A Toll Customised Solutions

(AG2016/154)

TOLL CUSTOMISED SOLUTIONS (UNILEVER - ICE CREAM)

ENTERPRISE AGREEMENT 2015

Storage services

COMMISSIONER ROE

MELBOURNE, 15 FEBRUARY 2016

Application for approval of the Toll Customised Solutions (Unilever - Ice Cream) Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Toll Customised Solutions (Unilever – Ice Cream) Enterprise Agreement 2015 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by Toll Transport Pty Ltd t/a Toll Customised Solutions. The Agreement is

a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers (NUW) being a bargaining representative for the

Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In

accordance with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 1013

[4] The Agreement was approved on 15 February 2016 and, in accordance with s.54, will

operate from 22 February 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Toll Transport Pty Ltd, the applicant sought approval for an enterprise agreement under the Fair Work Act 2009. The application pertained to the Toll Customised Solutions (Unilever – Ice Cream) Enterprise Agreement 2015, which was proposed to govern the terms and conditions of employment for certain employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval and, if so, granting the necessary approval.

The primary legal issues addressed by the Commission involved whether the agreement met the criteria outlined in sections 186, 187, and 188 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was fairly chosen, whether it was negotiated in good faith, and whether it contained the required terms and conditions. The National Union of Workers (NUW) had also notified its intention to have the agreement cover its members, which added another layer to the approval process.

The Fair Work Commissioner, Roe, found that the agreement satisfied the requirements for approval. The Commissioner noted that although the agreement did not cover all employees of the employer, it was deemed to be fairly chosen based on the factors outlined in section 186(3) and (3A) of the Act. Additionally, the agreement was found to cover the organisation as required by section 201(2). Consequently, the Commissioner approved the agreement, which was set to operate from 22 February 2016, with a nominal expiry date of 31 July 2018.

The final orders of the Fair Work Commission included the approval of the Toll Customised Solutions (Unilever – Ice Cream) Enterprise Agreement 2015, effective from 22 February 2016, until 31 July 2018. The decision underscored the importance of meeting the statutory criteria for enterprise agreements under the Fair Work Act, ensuring that such agreements are fairly chosen and negotiated in good faith.

Toll Transport Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established